1. Receive the complaint and establish who is responsible
Article 1010 of the PRC Civil Code covers sexual harassment against another person’s will through words, text, images or physical conduct. It requires enterprises and other specified organizations to take reasonable prevention, complaint-handling, investigation and response measures, particularly against harassment using authority or a subordinate relationship. Its protection is not restricted to women. The Law on the Protection of Women’s Rights and Interests separately specifies duties concerning harassment of women.
Record when and how the complaint arrived, the alleged conduct and dates, the employing entity, the working relationship, available evidence and the person’s immediate concerns. Offer an alternative handler if the usual manager or HR contact is implicated. Acknowledge receipt and explain the process and safe contact method. These are practical steps for implementing the duties; do not invent a universal statutory deadline of a fixed number of days for every investigation.
2. Protect people without prejudging the finding
Assess threats, ongoing contact, supervisory power, work travel and access to the complainant or witnesses. Where appropriate, consider a different reporting line, adjusted contact arrangements or temporary separation, recording the reason and a review date. Check the legal basis, contract terms and pay consequences before changing duties or suspending work. Do not automatically move the complainant to a worse role or require unpaid leave as the price of protection.
Article 25 of the Women’s Rights Law requires necessary security measures, protection of the parties’ privacy and personal information, support for women to exercise their rights lawfully, and psychological support where necessary. Do not promise absolute secrecy: explain that relevant information may need to be shared with a limited investigation team or competent authorities. Immediate danger or suspected criminal conduct requires prompt assessment of emergency assistance and lawful reporting; an internal review should not obstruct a person’s lawful approach to the police or courts.
3. Investigate the specific conduct and limit disclosure
Preserve relevant messages with context, emails, existing lawful access records, complaint notes and witness accounts before routine deletion. Keep originals and record the source, collector and handling history. Interview the complainant, the person complained about and witnesses separately where appropriate, using an impartial investigator and competent interpretation if needed. Give the person complained about a meaningful opportunity to respond to specific allegations; identify both supporting and contrary evidence. Lack of a witness to a private incident does not itself resolve the facts.
Restrict the file to those who need access for the response. Avoid irrelevant questions about private relationships, and do not circulate intimate messages in management groups. Civil Code Articles 1032–1033 protect privacy and restrict intrusive acts, subject to the legal exceptions or express consent specified there. A complaint does not confer unrestricted access to personal phones or accounts. Before sending files abroad, separately assess the lawful basis, minimum necessary scope and cross-border requirements; headquarters’ request is not sufficient by itself.
4. Separate protective action from a dismissal decision
Set out the allegation, evidence, response, unresolved points and reasons for each finding. A zero-tolerance policy is a management commitment, not proof of an individual allegation or an automatic statutory dismissal ground. If dismissal is proposed under Labor Contract Law Article 39(2), establish a serious breach and check the applicable rule’s lawful content, adoption and communication under Article 4 and Interpretation (I), Article 50. An overseas finding or a signed handbook receipt alone does not establish all those elements.
Interpretation (I), Article 44 places the burden of proof on the employer for disputes arising from dismissal decisions. Review the prior union-notification procedure under Article 43 before unilateral dismissal. Article 47 of Interpretation (I) addresses employers with an established union and includes an exception where the omitted procedure was remedied before litigation; it is not a reason to plan on skipping prior notice. If no union exists, check the applicable local arrangements. An inconclusive investigation should lead to a reasoned assessment and appropriate ongoing protection, not invented findings.
5. Give the outcome and test whether protection continues
Article 23 of the Women’s Rights Law requires organizations receiving such complaints to handle them promptly and inform the complainant of the outcome in writing. Communicate the relevant finding, action and follow-up route without unnecessary disclosure of other people’s personal information. Document delivery and review whether contact risks or retaliation concerns persist. Do not treat a withdrawal, private apology or departure from the company as automatically resolving every prevention or protection issue.
Review the prevention system as well as the individual case. Article 25 calls for rules, responsible personnel, training, security, accessible complaint channels, investigation procedures and support. Article 80 addresses failures to take necessary preventive measures where women’s rights are harmed or serious adverse social effects result, with the specified correction and disciplinary consequences. Prepare the complaint timeline, policy and training records, protective arrangements, evidence index, findings and written response. For initial advice, send a non-confidential outline of the China entity, city, roles and immediate risks; agree a secure method before sharing sensitive files. Lawyer consultations are available in Chinese and English.
Legal sources
Official sources · Checked 2026-10-25. Translations are for reference and are not official legal texts.
- PRC Civil Code ↗
Articles 1010 and 1032–1033: prevention and complaint handling, privacy and exceptions.
- PRC Law on the Protection of Women’s Rights and Interests (2022 revision) ↗
Articles 23, 25 and 80: prompt handling, written outcomes, preventive measures and consequences.
- PRC Labor Contract Law (2012 amendment) ↗
Articles 4, 39(2) and 43: rules, serious misconduct and prior union notice.
- SPC Interpretation (I) on Labor Disputes, Fa Shi [2020] No. 26 ↗
Articles 44, 47 and 50: employer burden of proof, union procedure and the remedy exception, and workplace rules.
General information about mainland China. The facts, applicable dates and local rules require individual review.
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